INBARA HOLDINGS PVT LTD Vs. SHEELA NEWAR
LAWS(CAL)-2010-8-115
HIGH COURT OF CALCUTTA
Decided on August 13,2010

INBARA HOLDINGS PVT. LTD. Appellant
VERSUS
SHEELA NEWAR Respondents

JUDGEMENT

Md. Abdul Ghani, J. - (1.)The instant miscellaneous appeal is directed against the order dated 22.9.2009, passed by Smt. Anindita Roy Saraswati, learned Judge, VIth Bench, City Civil Court, Calcutta in Title Suit No. 5109 of 2009. It would appear that the plaintiff/respondent No. 1, instituted aforesaid Title Suit No. 5109 of 2009 on 17.9.2009 in the Court of learned Judge, VIth Bench, City Civil Court, Calcutta against the present petitioner-appellant and respondents/opposite party nos. 2 and 3 praying inter alia for declaration to this effect that the plaintiff is the lessee in respect of one covered car parking space situated in the ground floor and two covered car parking spaces at basement of the premises no. 33, Shakespeare Sarani, Kolkata 700 017.
(2.)In the said suit, aforesaid plaintiff by filing an application under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, sought for temporary injunction against the defendants of the suit, their men, servants, agents and/or assigns from creating any disturbance in the peaceful use and enjoyment of the said three car parking spaces as described in the schedule to the said injunction application.
(3.)It appears from the materials on record that the learned Court below after hearing the learned lawyer for the petitioner-plaintiff and also upon consideration of the application for temporary injunction as also some other important connected materials on record was pleased to pass an ad-interim order of injunction in the form of status quo directing the defendants/respondents to maintain status quo in respect of the car parking spaces indicated in the schedule to the injunction application till 29.10.2009 and the said ad-interim order of injunction was extended upto 25.1.2010.


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